Stetson v. Rosenberger

Citations

• 196 Pa. 534
• 46 A. 891
• 1900 Pa. LEXIS 550

Syllabus

<p>Wills — Trust and trustees — Long continued possession of land.</p> <p>In a proceeding to obtain possession of land purchased at sheriff’s sale, it appeared that in 1762 the owner of the land died leaving a will by which he gave twenty pounds a year for the maintenance of a free school in a township, the same to be paid by his executor, or the successor of such executor. Testator gave all his land to his executor with power to appoint a successor, “ said land to be kept by his executors, one after another, without sale in tail for ever; the said succeeding or the surviving executors to give security for the payment of ye said twenty pounds a year.” The land remained in the family of the first executor by devise from father to son for 120 years, each holder paying £20 a year. Valuable improvements were made upon the land, and no claim was made by the township other than for the £20 a year. Held, that in 1896, the successor in title to the first executor had a right to the possession of the land subject to the ehai’ge of £20 a year upon it.</p>